KUALA LUMPUR: An immigration officer was sentenced to eight years’ imprisonment and fined RM150,000 by the High Court today, after being found guilty of falsifying a Malaysia My Second Home (MM2H) travel document three years ago to facilitate the smuggling of a male Vanuatu national.
Judge Datuk Azhar Abdul Hamid delivered the sentence after ruling that the defence had failed to raise a reasonable doubt against Shamsudin Ishak, 51, at the close of their case.
“Accordingly, the accused is convicted as charged and is sentenced to eight years’ imprisonment, effective today, and fined RM150,000. In default of payment of the fine, he shall undergo an additional one year imprisonment,“ he said.
However, the Court allowed an application by Shamsudin’s counsel, T Harpal Singh, to stay the execution of the prison sentence pending the filing of an appeal at the Court of Appeal.
The Court also increased bail from RM15,000 to RM30,000 with one surety.
Harpal pleaded for a minimal prison term, citing the accused’s first offence, his deep regret for his actions, and his apology to the Court.
“He has served as an Immigration Officer for 27 years. He recently underwent multiple surgeries on his left forearm and requires ongoing medical treatment,” he said.
However, deputy public prosecutor Noor Haslinda Che Seman urged the Court to impose a severe sentence, emphasising that the accused had betrayed the trust and responsibility as a public servant entrusted with safeguarding and controlling the border, to defend the nation’s sovereignty.
“We emphasise the critical role of the Immigration Department as the primary agency regulating the entry and presence of migrants in Malaysia. The accused’s actions have tarnished the reputation of the institution and compromised the integrity of the entire agency.
“This is not an ordinary offence. Such crimes are not only serious but also have the potential to undermine national security, the economy and public order,” she stressed.
Furthermore, Haslinda submitted that the case is the first to be investigated, prosecuted, and convicted under the provisions of Section 26E of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007.
The offence is punishable with a maximum penalty of fifteen years imprisonment and a fine of up to RM500,000, or both, upon conviction.
The trial commenced in November 2022, with fourteen prosecution witnesses and two defence witnesses testifying.
On March 7 last year, Shamsudin was ordered to enter his defence after the court ruled that the prosecution had established a prima facie case against him.
According to the charge, Shamsudin, now suspended from duty, is accused of falsifying an MM2H Pass travel document for a Vanuatu national, Li Xingqiang, for the purpose of facilitating migrant smuggling.
The offence was committed at the MM2H office of the Malaysian Immigration Department in Putrajaya in June 2022.
